The report’s spirit and many recommendations take aim at making sure the Act hasn’t created unintended consequences. As examples, in the report’s 13 recommendations, some include encouraging the government to clarify “commercial electronic message”, “implied consent”, “express consent”, etc. “to ensure that the provisions as enacted in the Act are clear and understandable for parties subject to the legislation and do not create unintended cost of compliance.”

Probably the most poignant paragraph is in the summary on page 13 where it reads:

“While improving guidance and education should be a priority moving forward, it can only achieve so much. The Act and its regulations require clarifications to reduce the cost of compliance and better focus enforcement. Provisions defining “commercial electronic message,” consent, and “business-to-business” messages, among others, warrant the attention of the Government of Canada. The Government will be in a better position to assess the impact of the coming into force of the private right of action once these clarifications are implemented.”

tbk Creative’s president, Andrew Schiestel, was involved extensively in this review process having provided witness testimony before the committee on October 19, 2017, served on policy taskforces with the Canadian Chamber of Commerce and the Coalition of Technology and Business Associations, wrote an open letter to the committee (and other government officials), founded the not-for-profit organization Lighten CASL Inc. and was cited in the report on a number of occasions.

Schiestel had this to say of the INDU report: “The report, taken insularly, doesn’t have the force and effect to reform the Act and as a result, continued work needs to be done by our government and stakeholders. However, its creation and prescriptions is a notable gesture that can act as an important step towards the Act being improved to be easier for companies to comply with while still protecting consumers.”

About tbk Creative

Founded in 2010 and based in London Ontario, tbk Creative is one of Canada’s highest quality providers of web design and digital marketing solutions. In 2016, the company was awarded “Small Business of the Year” at the London Chamber of Commerce Business Achievement Awards, and for 2018, tbk Creative has been named both top “Web Design” provider (for three consecutive years – 2016, 2017, & 2018) and top “Online Marketing” provider in London, Ontario by Consumer Choice Award.

Some of their clients include: 3M® Canada, Jiffy Lube® Ontario (59 stores), Hino® Canada, Yogen Fruz®, and Lerners LLP. They are also the makers of the popular web accessibility software, AODA Online (www.aodaonline.com). For more information, visit www.tbkCreative.com.